New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-17
THE INTERSTATE CONUNDRUM

The President is not altogether Responsible
for delay in the selection of Interstate Com
missioncrs. His task is one of extreme diff
Guilty. 1t is an easy matter to name men
whose service on such Commission would be
most desirable, but very different and din
cult matter to get such men to serve. 1t Is
an easy matter to find men who are willing and
anxious to serve, but not at all easy to be sure
that there are among them the men whose ser
vice will benefit the country or help the Pres
ident's party 1t is to the credit OF President
Cleveland that he has sought to select some
very worthy and capable men for this Commas
sion, and it is not his fault that they have de-
clined to servo. On the other hand, he may
fairly be criticised for selecting or seriously
considering some men whose unftness, in any
other than a purely partisan aspect. no one
will dispute.
The great difficulty is that no one can deter
mine what the law means. or how 1T VIII De
interpreted In most cases. where the intcn-
ton of the legislative body is ascertainabie,
that intention guides to an intelligent inter
prctation Of the act. But in this case two
legislative bodies agreed in Uie enactment,
though their purposes were distinctly irTccon-
cilable. The House wanted to do one thing,
and the Senate to do another and very differ
ent thing. and both finally agreed upon form
of words which the courts will find great dill
Guilty in interpreting. Referring once more TO
the feature of the bill which has elected most
discussion. it may he observed that able rail-
way journals are to-day urging that the act
must be construed in harmony with the known
understanding and purpose of the majority in
tho Senate, namely. that the prohibition o.
higher charges for longer than shorter
haulage "undcr like circumstances and condi-
tjonsn does not prohibit dlfrcrcntial rates TO
or from competing points or TO large shippers.
or with respect to traffic for which the railroads
must compete with water routes or with roads
Of Canada. At the same time other journals.
conducted with equal ability are insisting nal
the obvious intent of the House must prevail :
that the chief purpose Of Mr. keagan ana
those who acted with him was TO prevent
precisely the sort of determinations above
described and that a construction such
rs some Senators have given to the act
would deprive it Of all useful power.
Between these two interpretations who can de-
cidc7 One was clearly the understanding OF
the measure which prevailed with majority
of its supporters in the Senate, and the other
was clearly the unders landing of It's supporters
in the House. The intent Of the law making
body should govern, it is true. but OF w!nch
law-malxing body7
Men of high standing are naturally reluctant
To undertake the duties of an Office which neces-
sarily involves prolonged litigation. uncertainty
regarding the functions Of the Commission, IN
ability to accomplish anything Of Importance
until the meaning Of the act has been deter
mined by the courts of last resort and mean
while the certainty Of angry criticism and cen
sure by influential parties on one side or the
| other If Commissioner favors one interpre-
tation. he will be denounced unsparingiy 10y
the Changers and Anti-Monopolists. If he &C
cepts the opposite interpretation he Will be re-
gardcd by investors and by most conservative
business men as an enemy of the public wei
fare Meanwhile there is scarcely a possibil-
ity that he will have power to accomplish any
thing for the public welfare until years have
elapsed and the courts have finally interpreted
the act. Under such circumstances it is not
strange that the President has found difficulty
in securing for tho Commission the kind OF men
whose services in that body would have beer
most desirable.